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The Orphans Fund Development Foundation has Canceled the Penalty Clause
Author : The General Iftaa` Department
Date Added : 05-07-2023

The Orphans Fund Development Foundation has Canceled the Penalty Clause

 

In reference to what was published on the website of the General Iftaa` Department and the fatwas it issued prohibiting the penalty clause in Murabaha contracts, the Orphans Fund Development Foundation has responded by deleting the sixth clause from its Murabaha contracts, which include the penalty clause. This was included in a letter from the Director of the Foundation Dr. Faisal Al-Hiary- (Number MA / 1/4/2290), (1st of June, 2009)-addressed to the Grand Mufti. The letter reads as follows:

 

"Since the sixth clause in the Murabaha contract used by the Foundation has not been activated from the time the Foundation started providing Murabaha services in 1988, and in order to avoid any ambiguity that may arise in the Murabaha contract, I would like to inform you that the management of the Foundation has decided to delete the sixth clause and adhere to the general rules stipulated in the Civil Code, in this regard."

 

The Grand Mufti thanked the Director of the Foundation, saying:

"I thank you for deleting the sixth clause from the Murabaha contract used at your institution, and I hope that Allah will reward you well for that. You have removed an obstacle for those who deal with your noble institution, which is keen on earning halal/lawful profits. Your institution is the first among institutions to take into account the provisions of Islamic Law, and I hope that other financial institutions will follow your example, and to you is the reward of being the first good doer in this regard."

 

Afterwards, the Director of the Foundation attached a copy of the new Murabaha contract to his letter, which showed that it was free of the penalty clause and was acceptable from the standpoint of Sharia. However, the employee in charge of executing the Murabaha contract is responsible for applying the Sharia conditions and not neglecting them. And Allah Almighty knows best.

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Summarized Fatawaa

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

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